Legal and planning

Guardianship

Guardianship is a legal process in which a state court finds a person incapacitated and appoints someone else to make decisions for them. Some states call it conservatorship. It can be limited to certain areas or cover all decisions. It limits the person's own rights.

Why it matters for your family

Guardianship is serious. The ACL says it limits a person's choices, such as where to live and what medical care to receive, and often it is used when less restrictive options would work. Many families reach it after a parent with dementia has no power of attorney in place. A court process can cost money and take time. Planning early with a power of attorney and a health care proxy can help avoid it. Options such as supported decision-making keep the person in charge with help. A common mistake is thinking guardianship is a quick form to sign. Talk to an elder law attorney. This is general information, not legal advice.

Source: acl.gov

Read more: What is Elder Law and Do You Need an Elder Care Attorney?

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